BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             SB 1435             
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          |Author:    |Jackson                                              |
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          |Version:   |February 19, 2016                       Hearing      |
          |           |Date:     March 30, 2016                             |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  School curriculum:  health education:  healthy  
          relationships


            SUMMARY
          
          This bill requires the next revision to the Health framework to  
          include comprehensive information, for grades 1-8, on the  
          development of healthy relationships, and modifies the existing  
          requirement regarding the inclusion of comprehensive  
          information, for grades 9-12, on sexual harassment and violence.

            BACKGROUND
          
          Existing law requires the Instructional Quality Commission to  
          consider including in the next revision of the Health framework:

          1)   Comprehensive information for grades 9-12 on sexual  
               harassment and violence.  (Education Code § 33544)

          2)   A distinct category on sexual abuse and sex trafficking  
               prevention education that includes, among other things, a  
               discussion of healthy boundaries for relationships, how to  
               recognize potentially harmful and abusive relationships,  
               and refusal skills to overcome peer pressure and to avoid  
               high-risk activities.  
          (EC § 33545)

          Existing law requires schools to provide comprehensive sexual  
          health education in grades 7-12, and states that the purpose of  







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          this instruction, among other things, is to: 

          1)   Provide students with the knowledge and skills they need to  
               develop healthy attitudes concerning adolescent growth and  
               development, body image, gender, sexual orientation,  
               relationships, marriage, and family.

          2)   Provide students with the knowledge and skills necessary to  
               have healthy, positive, and safe relationships and  
               behaviors.  (EC § 51930)

          Existing law requires all comprehensive sexual health education  
          to meet specified criteria, including:

          1)   Instruction and materials shall teach the value of and  
               prepare students to have and maintain committed  
               relationships such as marriage.

          2)   Instruction and materials shall provide students with  
               knowledge and skills they need to form healthy  
               relationships that are based on mutual respect and  
               affection, and are free from violence, coercion, and  
               intimidation.  (EC § 51933)

            ANALYSIS
          
          This bill requires the next revision to the Health framework to  
          include comprehensive information, for grades 1-8, on the  
          development of healthy relationships, and modifies the existing  
          requirement regarding the inclusion of comprehensive  
          information, for grades 9-12, on sexual harassment and violence.  
           Specifically, this bill:

          1)   Requires the Instructional Quality Commission (IQC) to  
               include comprehensive information, for grades 1-8, on the  
               development of healthy relationships in the next revision  
               to the Health framework.  

          2)   Requires the information to be age and developmentally  
               appropriate.

          3)   Modifies existing law to require the IQC to include, rather  
               than require the IQC to consider including, comprehensive  
               information, for grades 9-12, on sexual harassment and  








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               violence in the next revision of the Health framework.

          4)   Requires the IQC to comply with both of the following when  
               including information in the Health framework:

                    a)             Ensure information is research-based  
                    and appropriate for students of all races, genders,  
                    sexual orientations, gender identities, and ethnic and  
                    cultural backgrounds.

                    b)             Consult with secondary health teachers  
                    and experts in sexual harassment and violence  
                    curriculum.

          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "SB 1435 is  
               the third in a series of measures to help proactively  
               address incidences of sexual harassment and assault among  
               children, adolescent teens, and young adults.  In 2014,  
               Senators De León and Jackson joint authored SB 967 to  
               establish an affirmative consent standard among  
               California's colleges and universities.  In 2015, the state  
               adopted SB 695 (De León and Jackson), which required that  
               sexual harassment and sexual assault be taught in high  
               schools that require health as a requirement for  
               graduation.  However, in the development of SB 695, it  
               became clear that starting earlier by providing  
               opportunities in elementary and middle school is needed to  
               help children learn how to develop healthy relationships;  
               to help them understand the virtue of treating one another  
               with respect and dignity."

          2)   Healthy relationships.  This bill does not define "healthy  
               relationships" or include parameters, such as healthy  
               dating relationships.  The purpose of this bill is to  
               address all types of relationships.


               Existing law requires the Instructional Quality Commission  
               (IQC) to consider including in the next revision of the  
               Health framework information relative to healthy boundaries  
               for relationships, how to recognize potentially harmful and  
               abusive relationships, and refusal skills to overcome peer  








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               pressure and to avoid high-risk activities.  This  
               information is to be included in a distinct category on  
               sexual abuse and sex trafficking prevention.

               Staff recommends an amendment to create a new section in  
               the Education code specifically related to the inclusion of  
               information on the development of healthy relationships in  
               the Health framework for grades K-8, and to clarify that  
               this information is to be separate and apart from the  
               distinct category on sexual abuse and sex trafficking  
               prevention, from information for grades 9-12 on sexual  
               harassment and violence, and from comprehensive sexual  
               health education.  This amendment would leave intact the  
               existing requirement that the IQC consider including  
               information for grades 9-12 on sexual harassment and  
               violence.

               Staff further recommends an amendment to expand the grade  
               levels affected by this bill to include kindergarten, in  
               recognition that curricular frameworks include  
               kindergarten.

          3)   Health framework.  The 2003 Health framework is outdated  
               and no longer current.  It does not reflect the Health  
               Education Content Standards adopted by the State Board of  
               Education (SBE) in March 2008.  The Health framework was  
               scheduled for revision in 2009-10, with adoption expected  
               in 2011.  Statute was enacted on July 28, 2009 that halted  
               the revision process due to severe budget constraints.   
               According to the IQC website, their 2016 goals include  
               plans to revise the Health framework for adoption by the  
               SBE in 2019.

               The Health standards and framework currently include  
               limited references to healthy relationships.  Specifically,  
               instruction in grades 9-12 is to include discussion of the  
               characteristics of healthy relationships, dating, committed  
               relationships, and marriage; instruction in grades 7-8 is  
               to use a decision-making process to examine risky social  
               and dating situations, and apply a decision-making process  
               to avoid potentially dangerous situations, such as violence  
               in dating; instruction in grades 4-6 is to help students  
               understand and demonstrate how to promote positive health  
               practices within the school and community, including how to  








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               cultivate positive relationships with their peers.  This  
               bill applies to the Health framework for grades 1-8.

          4)   Different approach.  This bill requires the IQC to include  
               specific information in the next revision of the Health  
               framework.  This Committee has passed numerous bills  
               related to adding specified information or instruction to  
               the various curricular frameworks; all measures have  
               required the IQC to consider including specified  
               information.  Consistent with prior practice, should this  
               bill be amended require the IQC to consider including  
               comprehensive information on the development of healthy  
               relationships for grades K-8?  

          5)   Related legislation.  SCR 103 (Leyva) proclaims the month  
               of February 2016 as Teen Dating Violence Awareness and  
               Prevention Month.  SCR 103 is pending on the Senate Floor.

          6)   Prior legislation.  SB 592 (Leyva, 2015) requires school  
               districts to provide educational programs that promote  
               healthy relationships and prevent adolescent relationship  
               abuse to students in grades 6-12, requires the  
               Superintendent of Public Instruction (SPI) to provide  
               information for use by schools, and requires school safety  
               plans to include procedures and policies to prevent and  
               respond to adolescent relationship abuse.  SB 592 was held  
               on the Senate Appropriations Committee's suspense file.

          AB 1857 (Fong, 2012) authorized school districts to provide  
               education programs to promote healthy relationships and  
               prevent teen dating abuse to pupils in grades 7-12, and  
               required the SPI to provide model curriculum.  AB 1857 was  
               held in the Assembly Appropriations Committee.

          AB 1880 (Lara, 2012) required middle and high school safety  
               plans to include policies and procedures to prevent and  
               respond to teen dating abuse in grades 6-12.  AB 1880 was  
               held in the Assembly Appropriations Committee.

          AB 1373 (Fong, 2011) authorized school districts or the county  
               office of education to provide education programs to  
               promote healthy relationships and prevent teen dating  
               violence to pupils in grades 7-12, and required the SPI to  
               provide information to schools about model programs.  SB  








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               1373 was held in the Assembly Appropriations Committee.

          SB 13 (Correa, 2011) and SB 1300 (Correa, 2010) would have  
               required schools that elect to provide teen dating violence  
               prevention education to ensure that the instruction meets  
               certain criteria, and requires the State Board of Education  
               to incorporate teen dating violence and sexual violence  
               curriculum into the health curriculum framework.  This  
               instruction would have included components about,  
               inappropriate sexual behavior, sexual harassment, sexual  
               violence, and sexual assault.  Both bills included parental  
               notification and opt-out provisions.  Concerns were raised  
               about blending violence prevention education with sexual  
               health education, and the ability of parents to opt-out of  
               violence prevention education.  SB 13 failed passage in  
               this Committee, and SB 1300 failed passage in the Assembly  
               Education Committee.

          ACR 29 (Bonilla, Ch. 30, 2011) proclaimed the month of February  
               2011 as Teen Dating Violence Awareness and Prevention  
               Month.

          ACR 101 (Lara, Ch. 81, 2012) proclaimed the month of February  
               2012 as Teen Dating Violence Awareness and Prevention  
               Month.






            SUPPORT
          
          American Academy of Pediatrics
          American Civil Liberties Union
          California Partnership to End Domestic Violence
          Equality California
          National Association of Social Workers, California Chapter
          Planned Parenthood Affiliates of California

            OPPOSITION
           
           None received.









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